HP0910
LD 1307
First Regular Session - 124th Maine Legislature
C "A", Filing Number H-294
Text: MS-Word, RTF or PDF
LR 1914
Item 2
Bill Tracking Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 23 MRSA §3101, sub-§7  is enacted to read:

7 Immunity from suit.   A commissioner, board or owner of a parcel of land who undertakes activities of a road association under this subchapter is immune from civil liability in all actions by owners or lessees of other lots for the following activities:
A The determination of repairs and maintenance to be undertaken;
B The determination of materials to be furnished or amount of money to be paid by each owner for repairs and maintenance;
C The collection of the money from each owner; and
D The awarding of a contract authorized under section 3103.

Sec. 2. 23 MRSA §3101, sub-§8  is enacted to read:

8 Environmental violations.   Notwithstanding subsection 7, a commissioner, board or owner of a parcel of land is not immune from an enforcement action for a violation of law under the jurisdiction of the Department of Environmental Protection or a municipality.

summary

This amendment replaces the bill. It provides that road associations’ commissioners and boards, and the owners of parcels within a road association, have no civil liability to the other lot owners and lessees for the determination of the repairs and maintenance to be undertaken, the determination of assessments of materials and money, the collection of the money to be paid by the owners and the awarding of a contract authorized under the Maine Revised Statutes, Title 23, section 3103.

This amendment also makes clear that the limited immunity provision does not provide immunity from enforcement actions by the Department of Environmental Protection or a municipality.


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